Přehled o publikaci
2023
Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries
ŠIPULOVÁ, Katarína and David KOSAŘBasic information
Original name
Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries
Authors
ŠIPULOVÁ, Katarína and David KOSAŘ
Edition
German Law Journal, Frankfurt am Main, Goethe University Frankfurt, 2023, 2071-8322
Other information
Language
English
Type of outcome
Article in a journal
Country of publisher
United States of America
Confidentiality degree
is not subject to a state or trade secret
References:
Marked to be transferred to RIV
Yes
RIV identification code
RIV/00216224:14220/23:00133880
Organization
Právnická fakulta – Repository – Repository
UT WoS
EID Scopus
Keywords in English
De-democratization ; democratic decay ; democratic erosion ; courts ; informal judicial institutions
Links
101002660, interní kód Repo.
Changed: 28/6/2024 04:39, RNDr. Daniel Jakubík
Abstract
In the original language
De-democratization may take the form of executive-led attacks as well as incremental decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary to general wisdom, both exogenous erosion and endogenous decay are heavily affected by informality. As courts are often the first institutions affected by de-democratization, this Article analyzes informality in erosion and decay of judicial institutions. It argues that such institutions interact with democracy in two core directions. The first one is endogenous and describes the decay of democratic judiciaries as a result of a long-term incongruence between formal and informal judicial institutions. The second direction captures the gradual erosion of informal institutions that have positive effects on judicial democratic resilience. These two processes, decay and erosion of informal judicial institutions, should not be overlooked. While they are less visible, slower, and often unintentional, they are as dangerous as frontal executive-led attacks on courts, because they significantly increase the window of opportunity for politicians who wish to downgrade the substance of democracy or even implement a regime change.